HomeMy WebLinkAbout2022-01-25 - AGENDA REPORTS - TWO-UNIT RESID DEVELOPMENT URBAN LOT SPLITSO
Agenda Item: 8
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: �1 A11�44_1)
DATE: January 25, 2022
SUBJECT: SECOND READING OF AN ORDINANCE FOR TWO -UNIT
RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS
DEPARTMENT: Community Development
PRESENTER: Erika Iverson
RECOMMENDED ACTION
City Council conduct second reading and adopt an ordinance entitled "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO
ESTABLISH REGULATIONS FOR TWO -UNIT RESIDENTIAL DEVELOPMENT AND
URBAN LOT SPLITS, AMENDING THE UNIFIED DEVELOPMENT CODE AS SHOWN IN
EXHIBIT A."
BACKGROUND
On January 11, 2022, the City Council conducted a Public Hearing to consider Master Case 21-
224 for a Unified Development Code Amendment to create a two -unit residential development
and urban lot split ordinance, for the purposes of implementing Senate Bill 9 and providing the
City with the maximum local control over two -unit residential developments consistent with
state law.
After closing the Public Hearing, the City Council voted unanimously to pass to a second reading
an ordinance to establish regulations for two -unit residential development and urban lot splits,
and approved a resolution adopting two -unit residential development design standards.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
The proposed ordinance creates a new ministerial permit for two -unit residential development
and urban lot split. Should the ordinance be adopted by the City Council, a fee will be created, as
Page 1
Packet Pg. 38
O
permitted by state law, to recover the associated costs of reviewing proposed two -unit residential
developments and urban lot splits.
ATTACHMENTS
Ordinance
Page 2
Packet Pg. 39
8.a
ORDINANCE 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, TO ESTABLISH REGULATIONS FOR TWO -UNIT RESIDENTIAL
DEVELOPMENT AND URBAN LOT SPLITS, AMENDING THE UNIFIED
DEVELOPMENT CODE AS SHOWN IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS OF FACT. The City Council does hereby make the following
findings of fact:
A. On September 16, 2021, the Governor signed into law Senate Bill (SB) 9, which
mandates the City of Santa Clarita (City) ministerially approve two -unit residential
developments on parcels zoned for single-family uses, and ministerially approve a parcel
map for the lot split of a parcel zoned for single-family use;
B. California Government Code Section 65852.210) permits a local agency to, by
ordinance, provide for regulating the creation of a two -unit residential developments on a
parcel zoned to allow a single-family dwelling unit;
C. California Government Code Section 66411.7(n) permits a local agency to, by ordinance,
provide for regulating a parcel map for an urban lot split of a single-family zoned parcel;
D. California Government Code Sections 6585221(b) and 66411.7(c) permits a local agency
to impose objective zoning standards, objective subdivision standards, and objective
design review standards for two -unit residential development and urban lot split projects;
E. The proposed amendments are incorporated by reference as Exhibit A;
F. The proposed amendments are in compliance with State law and provide the City with
local control over the implementation of two -unit residential developments and urban lot
splits;
G. The proposed amendments incorporate by reference, two -unit residential design
standards, adopted under separate resolution;
H. The Planning Commission held a duly noticed public hearing on this issue commencing
on December 7, 2021, at, or after, 6:00 p.m. at City Hall, 23920 Valencia Boulevard,
Santa Clarita, California;
At the hearing described above, the Planning Commission considered a staff presentation,
the staff report, and public testimony on the proposed amendments, and in a 4-0 vote,
recommended the City Council approve Master Case 21-224, Unified Development Code
Amendment 21-003;
a
Page 1 of 8
Packet Pg. 40
8.a
The project was duly noticed in accordance with the public hearing noticing requirements
of the UDC, and a 1/8th page advertisement was placed in The Signal Newspaper on
December 21, 2021.
K. The City Council held a duly noticed public hearing on this issue commencing on
January 11, 2022, at, or after, 6:00 p.m. at City Hall, 23920 Valencia Boulevard, Santa
Clarita, California; and
L. At the hearing described above, the City Council considered a staff presentation, the staff
report, and public testimony on the proposed amendments, and introduced and passed the
ordinance to a second reading on January 25, 2022. In addition, the City Council adopted
two -unit residential development design standards by separate resolution.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based
upon the foregoing facts and findings, the City Council hereby finds as follows:
A. A Notice of Exemption for this project was prepared in compliance with the California
Environmental Quality Act (CEQA);
B. The project is exempt from CEQA. California Government Code Sections 65852.210)
and 66411.7(n), exempt adoption of an ordinance to implement California Government
Code Sections 65852.21 and 66411.7 from the California Environmental Quality Act
(CEQA) under Division 13 of the Public Resources Code (commencing with Section
21000);
C. The documents and other material which constitute the record of proceedings upon which o
the decision of the City Council is made is the Master Case 21-224 project file located
within the Community Development Department and is in the custody of the Director of
Community Development; and
_
D. Based upon the findings set forth above, the City Council hereby finds the Notice of
_
Exemption for this project has been prepared in compliance with CEQA. 0
r
a�
SECTION 3. GENERAL FINDINGS FOR MASTER CASE 21-224. Based on the E
foregoing facts and findings for Master Case 21-224, the City Council hereby finds as follows:
r
a
A. The proposal is consistent with the General Plan;
The project is consistent with the General Plan's objectives, policies, and procedures.
The proposed amendments will assist the City in regulating two -unit residential
developments and urban lot splits as required by State law. The proposed amendments,
including objective development standards will support development of two -unit
residential development on parcels zoned for single-family uses and urban lot splits of
parcels zoned for single-family uses that are consistent with the City's General Plan
objectives, policies, and procedures, including providing diverse housing stock,
Page 2 of 8
Packet Pg. 41
8.a
I:
C
promoting affordable housing, reducing the impact to residential neighborhoods from
natural or man-made hazards, ensuring sufficient emergency access and evacuation
routes in areas subject to wildland fire danger, retaining open space for multifamily
residential units, requiring high quality architecture, and implementing flood and fire
safety measures.
The proposal is allowed within the applicable underlying zone and complies with all
other applicable provisions of this code;
The UDC amendments do not require a consistency finding with the existing
development code because the project would amend the UDC in general. In addition,
State law, California Government Code Section 65852.21, preempts the density
limitation established by the General Plan and underlying zones. This means that units
created pursuant to S139, do not count toward residential zoning density and are
consistent with zoning.
The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare, or be materially
detrimental or injurious to the improvements, persons, property, or uses in the vicinity
and zone in which the property is located; and
Nothing contained in the proposed amendments would endanger, jeopardize, or otherwise
constitute a hazard to the public. Two -unit residential development and urban lot splits
are permitted by right under State law. Implementation of the proposed amendments
would minimize the potential hazard to the public from flood and fire danger compared to
State standards, and implement the goals, policies, and objectives of the General Plan
Safety Element to the extent feasible under State law.
The proposal is physically suitable for the site. The factors related to the proposal's
physical suitability for the site shall include, but are not limited to, the following:
1. The design, location, shape, size, and operating characteristics are suitable for the
proposed use;
2. The highways or streets that provide access to the site are ofsufcient width and are
improved as necessary to carry the kind and quantity oftraffic such proposal would
generate;
3. Public protection service (e.g., Fire protection, Sheriffprotection, etc.) are readily
available; and
4. The provision of utilities (e.g. potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is
adequate to serve the site.
Q
Page 3 of 8
Packet Pg. 42
8.a
The proposal is physically suitable for the site in terms of location, shape, size, and
operating characteristics. The amendments permit ministerial approval of two -unit
residential developments and urban lots splits as mandated by State law, and as described
above, State law requires that the City find that two -unit residential developments and
urban lot splits are appropriate for single-family residential zoned property. No
development is proposed or would be approved by the amendments, and any future
development that may occur under the revised amendments would require separate
ministerial reviews at the time the projects are submitted. The City currently receives
adequate service from the Los Angeles County Fire Department and the Los Angeles
County Sheriff's Department. The project area is likewise served by all applicable
utilities. The construction of two -unit residential development and urban lot splits may
increase the need for fire or police protection services or demand for utilities. However,
are permitted by State law, regardless of whether the City regulates them and, therefore,
nothing in the proposed amendments would increase the need for fire or police protection
services, or increase demand for utilities.
SECTION 4. ADDITIONAL FINDINGS FOR UNIFIED DEVELOPMENT CODE
AMENDMENT 21-003. Based upon the foregoing facts and findings for UDC 21-003, the City
Council hereby find as follows:
A. The amendment is consistent with the adjacent area, if applicable;
B. The amendment is consistent with the principles of the General Plan;
The proposed amendments are consistent with the adjacent area and consistent with the
principles of the General Plan. The proposed amendments would not alter the General
Plan Land Use Map or Zoning Map. As described above, two -unit residential
development and urban lot splits are considered by State law to be consistent with the o
City's zoning. Construction of two -unit residential developments and urban lot splits as
mandated by State law could increase development densities or population projections U)
within the City; however, the proposed amendments would not further change
development densities or population projections for the City.
L
Specifically, the proposed amendments would implement the following objectives and 0
policies of the General Plan:
E
Objective L U 3.1: Provide for a diversity of housing types available to provide safe
and suitable homes for all economic levels, household sizes, age a
groups and special needs groups within the community.
Policy L U 3.1.1: On the Land Use Map, designate adequate land for residential use
at various densities to provide a mix ofhousing opportunities for
all segments of the population, including attached, detached,
senior, and mixed -use housing types, which are consistent with
community character and meet the region's housing goals.
Policy L U 3.1.2: Provide a mix of housing types within neighborhoods that
accommodate households with varied income levels.
Page 4 of 8
Packet Pg. 43
Policy L U 3.1.5: Promote development of housing that is affordable to residents,
including households with incomes in the very low, low, and
moderate income classifications, through provision of adequate
sites on the Land Use Map, allowance for density bonuses and
other development incentives.
Objective L U 3.3: Ensure that the design of residential neighborhoods considers and
includes measures to reduce impacts from natural or man-made
hazards.
Policy L U 3.3.1: Identify areas subject to hazards from seismic activity, unstable
soils, excessive noise, unhealthful air quality, or flooding, and
avoid designating residential uses in these areas unless adequately
mitigated.
Policy L U 3.3.2: In areas subject to wildland fire danger, ensure that land uses have
adequate setbacks, fuel modification areas, and emergency access
routes.
Policy L U 3.4.8: Require architectural design treatment along all sides of new
housing to promote continuity of architectural scale and rhythm
and avoid the appearance of blank walls (360-degree
enhancement).
The proposed amendments are consistent with the objectives and policies listed above.
Two -unit residential developments and urban lot splits provide diversity in the local
housing stock, increasing the number of homes available. The proposed amendments
incorporate important regulations not addressed by the general State regulations. These
regulations include reducing the impacts to residential neighborhoods from natural or
man-made hazards, ensuring sufficient emergency access and evacuation routes are
provided in areas subject to wildland fire danger, ensuring development of affordable
housing units for lower income households, and promoting architectural design consistent
with the existing community.
The proposed amendments are also consistent with the Circulation Element and Safety
Element of the General Plan, including the following Circulation and Safety objectives
and policies.
r
a
Objective C 2.5: Consider the needs for emergency access in transportation
planning.
Policy C 2.5.2: Ensure that new development is provided with adequate emergency
and/or secondary access for purposes of evacuation and
emergency response; require two points of ingress and egress for
every subdivision or phase thereof, except as otherwise approved
for small subdivisions where physical constraints preclude a
second access point.
Page 5 of 8
Packet Pg. 44
8.a
Objective S 2.4: Implement flood safety measures in new development.
Policy S 2.4.1: Require that new development comply with FEMA
floodplain management requirements.
Policy S 2.4.2: On the Land Use Map, restrict the type and intensity of land use in
flood prone areas, or require flood proof construction, as deemed
appropriate.
Objective S 3.2: Provide for the specialized needs office protection services in both
urban and wildland interface areas.
Policy S 3.2.1: Identify areas of the Santa Clarita Valley that are prone to
wildland fire hazards, and address these areas in fire safety plans
Policy S 3.2.5: Ensure adequate secondary and emergency access for fire
apparatus, which includes minimum requirements for road width,
surface material, grade, and staging areas.
The proposed amendments support the City's goals to provide for adequate emergency
access, including providing secondary access for evacuation and emergency response;
implementation of flood safety measures and compliance with Federal Emergency
Management Administration (FEMA) floodplain management requirements; and
consideration of wildland fire hazards.
C. Approval of the amendment will be in the interest ofpublic health, convenience, safety,
and general welfare and in conformity with good zoning practice;
UDC 21-003 supports the public health, convenience, safety, and general welfare of the a
community, and is in conformity with good zoning practice because the proposed U)
amendments would be consistent with State law and would allow the City to regulate
two -unit residential developments and urban lot splits to the maximum extent possible.
This will allow the City to maximize public health, convenience, safety, and general
welfare, and maximize conformance with good zoning practice. 0
r
a�
D. The amendment is consistent with other applicable provisions of this code; and
E. Is necessary to implement the General Plan and/or that the public convenience, the
general welfare or good zoning practice justifies such action. a
UDC 21-003 is consistent with the applicable provisions of the UDC because the
proposed revisions would allow the City to best regulate two -unit residential
developments and urban lots splits as permitted by State law. Therefore, the amendments
would promote the general welfare and public convenience and would constitute good
zoning practice.
Page 6of8
Packet Pg. 45
8.a
SECTION 5. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Santa Clarita, California, as follows:
Adopt Ordinance 22-, approving Master Case 21-224, consisting of Unified
Development Code Amendment 21-003, amending the Unified Development Code to establish
regulations for two -unit residential development and urban lot splits, as shown in Exhibit A.
PASSED, APPROVED AND ADOPTED this 251h day of January, 2022.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance 22- was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the llth day of January, 2022. That thereafter, said ordinance
was duly passed and adopted at a regular meeting of the City Council on the 25th of January
2022, by the following vote of the City Council: =a
O
AYES: COUNCILMEMBERS: c
a)
E
NOES: COUNCIL MEMBERS:
ns
r
r
a
ABSENT: COUNCIL MEMBERS:
CITY CLERK
Page 7 of 8
Packet Pg. 46
8.a
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and was
published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
Page 8 of 8
Packet Pg. 47
8.a
EXHIBIT A
Q
Packet Pg. 48
8.a
17.57.025 Two -unit residential developments.
A. Purpose and Findings.
1. The purpose of this section is to provide regulations for the establishment of two -unit
residential developments in single-family residential zones and to define an approval
process for such two -unit residential developments consistent with Government Code
Sections 65852.21, or any successor statute. The intent of this section is to provide
opportunities for more affordable housing in existing single-family residential zones as
mandated by state law. It is also the goal to provide development standards to ensure the
orderly development of these units in appropriate areas of the City.
2. Two -unit residential developments are residential uses consistent with the uses permitted
in single-family residential zones.
3. Government Code Section 65852.21 preempts the density limitations established by the
General Plan and the underlying zones in which two -unit residential developments created
pursuant to the requirements of this subsection are permitted. Incompatibility with the
City's density limitations shall not provide a basis to deny a two -unit residential
development that otherwise conforms to the requirements of this section.
B. A two -unit residential development containing two residential units within a single-family
residential zone (NU1, NU2, NU3, NU4, NU5, UR1, UR2) shall be considered ministerially,
0
without discretionary review or a hearing, if the proposed housing meets all of the standards set
forth below. For purposes of this section, a two -unit residential development contains two
a�
residential units if the development proposes two new units or if it proposes to add one new unit
c
to one existing unit.
L
0
1. If a parcel includes an existing single-family residence, one additional unit of not more
than 800 square feet may be developed pursuant to this section. No more than 25 percent of
the existing exterior structural walls shall be demolished to create the two -unit residential .2
a
development, unless the existing single-family residence has not been occupied by a tenant
in the last three years.
2. If a parcel does not include an existing single-family residence, or if an existing single-
family residence is proposed to be demolished in connection with the creation of a two -unit
residential development, two units of not more than 800 square feet may be developed
pursuant to this section.
Packet Pg. 49
8.a
3. Each unit in a two -unit residential development shall be separated by a distance of at
least ten feet from any other structure on the parcel; however, units may be adjacent or
connected if the structures meet building code safety standards and are sufficient to allow
separate conveyance.
4. Neither accessory dwelling units nor junior accessory dwelling units shall be permitted
on a parcel if a two -unit development is proposed or has been approved.
C. A two -unit residential development shall be prohibited in each of the following
circumstances:
1. The two -unit residential development would require demolition or alteration of any of
the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's
valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
2. The parcel subject to the proposed housing development is a parcel on which an owner o
of residential real property has exercised the owner's rights under Government Code
Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before
the date that the development proponent submits an application. M
c
�a
L
3. The parcel subject to the proposed housing development is located within a historic O
r
district or property included on the State Historic Resources Inventory, as defined in Public
Resources Code Section 5020.1, or within a site that is designated or listed as a city or
county landmark or historic property or district pursuant to a city or county ordinance. a
4. If the two -unit residential development is on a parcel that is any of the following:
a. Either prime farmland or farmland of statewide importance, as defined pursuant to
United States Department of Agriculture land inventory and monitoring criteria, as
modified for California, and designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the Department of Conservation, or land zoned
Packet Pg. 50
8.a
or designated for agricultural protection or preservation by a local ballot measure that
was approved by the voters of that jurisdiction.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part
660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of
Forestry and Fire Protection pursuant to Government Code Section 51178, or within a
high or very high fire hazard severity zone as indicated on maps adopted by the
Department of Forestry and Fire Protection pursuant to Section 4202 of the Public
Resources Code. This subparagraph does not apply to sites excluded from the
specified hazard zones by a local agency, pursuant to subdivision (b) of Section
51179 of the Government Code, or sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation measures
applicable to the development. Any site that meets the standards above must also
comply with Section 15.57.025(C)(5)(two means of access).
d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5
or a hazardous waste site designated by the Department of Toxic Substances Control
pursuant to Section 25356 of the Health and Safety Code, unless the State Department
of Public Health, State Water Resources Control Board, or Department of Toxic
Substances Control has cleared the site for residential use or residential mixed uses.
e. Within a delineated earthquake fault zone as determined by the State Geologist in
any official maps published by the State Geologist, unless the development complies M
with applicable seismic protection building code standards adopted by the California
0
Building Standards Commission under the California Building Standards Law (Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), E
and by any local building department under Chapter 12.2 (commencing with Section
8875) of Division 1 of Title 2. a
f. Within a special flood hazard area subject to inundation by the 1 percent annual
chance flood (100-year flood) as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency. If a development proponent is able to satisfy all applicable federal qualifying
criteria in order to provide that the site satisfies this subparagraph and is otherwise
eligible for streamlined approval under this section, a local government shall not deny
Packet Pg. 51
8.a
the application on the basis that the development proponent did not comply with any
additional permit requirement, standard, or action adopted by that local government
that is applicable to that site. A development may be located on a site described in
this subparagraph if either of the following are met: (i) The site has been subject to a
Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction; or (ii) The site meets Federal Emergency Management
Agency requirements necessary to meet minimum flood plain management criteria of
the National Flood Insurance Program pursuant to Part 59 (commencing with Section
59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of
Title 44 of the Code of Federal Regulations.
g. Within a regulatory floodway as determined by the Federal Emergency
Management Agency in any official maps published by the Federal Emergency
Management Agency, unless the development has received a no -rise certification in
accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If
a development proponent is able to satisfy all applicable federal qualifying criteria in
order to provide that the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, a local government shall not deny the
application on the basis that the development proponent did not comply with any
additional permit requirement, standard, or action adopted by that local government
that is applicable to that site.
h. Lands identified for conservation in an adopted natural community conservation
a�
plan pursuant to the Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat
L
conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. 0
r
Sec. 1531 et seq.), or other adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or species of special r
status by state or federal agencies, fully protected species, or species protected by the a
federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game Code).
j. Lands under conservation easement.
Packet Pg. 52
8.a
5. Where a lot or any portion thereof is located in a high fire hazard severity zone, as defined by
the Los Angeles County Fire Department, a two -unit residential development shall be prohibited
on the lot unless it either fronts a highway and vehicles enter directly from the highway (as
defined in Table C-2 of the General Plan Circulation Element), or it has two (2) means of direct
vehicular access to a highway that meet the following requirements:
a. The two (2) distinct means of vehicular access, as measured from the lot frontage to the
point of intersection with the highway, shall not overlap with each other; and
b. Each distinct means of vehicular access shall contain a paved or unpaved road of at
least twenty-four (24) feet in width, exclusive of sidewalks, landscaping, and parking
lanes.
D. Any construction of a two -unit residential development shall conform to all property
development regulations of the zone in which the property is located including, but not limited
to, height limits, setback, lot coverage, landscape, and floor area ratio (FAR), as well as all fire,
health, safety and building provisions of this title, subject to the following exceptions:
1. No setback shall be required for an existing structure or a structure constructed in the
same location and to the same dimensions as an existing structure. Verification of size and
location of the existing and proposed structure by City staff requires pre- and post -
construction surveys by a California licensed land surveyor.
2. For all other dwelling units proposed in connection with a two -unit residential
a�
development, a minimum setback of four feet, or the applicable setback for the zone c
district, whichever is less, is required from the rear and side property lines. All other
L
setbacks shall be subject to the underlying zone. 0
a�
3. Limits on lot coverage, floor area ratio, open space, and size must permit at least two
units of at least 800 square feet in connection with a two -unit residential development.
r
a
4. New dwelling units proposed in connection with a two -unit residential development
shall be no more than one-story and shall not exceed 16 feet, or the height of any existing
dwelling unit that is to remain, whichever is most restrictive. A second unit shall not be
constructed as a second story on top of an existing unit.
(1) Exceptions: Projects that are exempt from the one-story height limit due to the 800-
square foot exemption must not exceed 25 feet in height with a maximum top plate height
Packet Pg. 53
8.a
(interior ceiling height) of 18 feet. If a third floor is necessary to meet the 800-square
foot requirement the third floor must be completely subterranean; the ceiling must be
below the natural grade.
(2) Second Floor Stepbacks: Projects that are exempt from the one-story height limit due
to the 800-square foot exemption, must stepback the second and third floor four feet from
the ground floor. This rule applies to only to the side yard, rear yard, and street side yard
elevations.
5. Private Outdoor Space: A minimum of six hundred fifty (650) square feet of outdoor
yard space shall be provided for each unit in a two -unit residential development. Land
required for front yard setbacks, or occupied by buildings, driveways, or parking spaces
may not be counted in satisfying this outdoor space requirement.
6. For a two -unit residential development connected to an onsite wastewater treatment
system, the applicant shall provide a percolation test completed within the last 5 years, or,
if the percolation test has been recertified, within the last 10 years.
7. All dwelling units created in connection with a two -unit residential development shall
have independent exterior access.
8. For applications that do not involve an urban lot split subdivision pursuant to Chapter
16.28, one of the dwellings on the lot must be the bona fide principal residence of at least
one legal owner of the lot containing the dwelling, as evidenced at the time of approval of
a�
the two -unit residential development by appropriate documents of title and residency. Prior
to the issuance of a building permit, the applicant shall provide evidence that a Two -Unit
L
Residential Development Covenant has been recorded stating that one of the dwelling units 0
on the lot shall remain owner occupied.
9. A rental of any unit in a two -unit residential development shall be rented for a tern of
r
longer than thirty days.
a
10. Parking. At least one fully enclosed parking space per unit is required, except that
parking is not required if the parcel is located within one-half mile walking distance of
either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the
Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public
Resources Code, or if there is a car share vehicle located within one block of the parcel.
Packet Pg. 54
8.a
The parking space must maintain a minimum area of ten (10) feet wide by twenty (20) feet
deep to remain clear and free of all obstructions.
11. Two -unit residential developments shall provide a new or separate utility connection
directly between each dwelling unit and the utility. The connection may be subject to a
connection fee or capacity charge.
12. Two -unit residential developments shall be required to provide fire sprinklers.
13. Trash Collection: Each unit in a two -unit residential development shall be required to
provide space for three, 90-gallon trash carts. Trash carts must be stored out of public view
from the street and may not be located within the required front yard setback.
14. Oak Tree Preservation: The addition of or new construction of a dwelling unit shall not
remove any oak tree measuring twelve and one-half (12 1/z) inches in circumference when
measured at a point four and one-half (4 '/2) feet above the tree's natural grade. A removal
includes removing a tree or removing more than one-third of a tree's vegetation. In
addition to preservation of the tree, the owner must record a covenant showing the location
of the oak tree, stating that all reasonable precautions have been made to preserve the oak
tree, requiring all trimming of the tree to be overseen by a licensed arborist, prohibiting the
tree from being topped, and that the City must approve of any removal of the tree. If
removal of a tree is required in order to provide a minimum 800 square foot unit, the owner
must meet the mitigation requirements of Section 17.51.040 (13)(3)(e).
m
15. Hillside Development. Projects with slopes which average ten (10%) or greater shall
conform to the development standards for Hillside Development Review (Section
L
17.51.020(C)). O
r
a�
16. Ridgeline Preservation Overlay Zone. Projects located within the Ridgeline
Preservation (RP) overlay zone shall conform to the property development standards for r
the RP overlay zone (Section 17.38.070(D)). Q
17 At least one unit in a two -unit residential development shall be income restricted for a
period of fifty-five (55) years to provide for lower income households as defined in Section
50079.5 of the Health and Safety Code.
18. Exceptions to Objective Standards: Any objective zoning standards, objective
subdivision standards, and objective design standards that would have the effect of
Packet Pg. 55
8.a
physically precluding the construction of up to two units or that would physically preclude
either of the two units from being at least 800 square feet in floor area must be set aside.
Objective zoning standards will be set aside in the following order until the site can contain
two, 800 square foot units.
(1) Lot Coverage
(2) Second Floor Stepbacks
(3) Private Outdoor Space
(4) Fully Enclosed Parking
(5) Oak Tree Preservation
(6) Maximum Number of Stories. If waiving of all the above requirements do not provide
for an 800 square foot unit, the building may exceed the maximum number of stories.
After exceeding the maximum number of stories, the applicant must then replace the above
objective standards in the opposite order until the unit size is reduced to 800 square feet.
E. Objective Design Standards. Any construction of a two -unit residential development shall
comply with the adopted Two -Unit Residential Development Design Standards.
F. Application Requirements.
1. Applicant must submit a title report and affidavit demonstrating compliance with this °;
_
17.57.025(D)(7). c
L
O
2. Where applicable, applicant must submit documentation demonstrating homeowners
association approval of application. E
3. Fees. Permit fees imposed on two -unit residential developments and urban lot splits Q
shall be established by City Council Resolution.
4. A proposed two -unit residential development shall be denied if the application fails to
comply with this Section.
G. Review of Application.
Packet Pg. 56
8.a
1. Applications for two -unit residential developments conforming to the requirements of
this section shall be considered ministerially without discretionary review or a hearing by
the director of community development. Incomplete applications will be returned with an
explanation of what additional information is required.
2. A proposed two -unit residential development may be denied if the director of
community development makes a written finding, based upon a preponderance of the
evidence, that the proposed housing development project would have a specific, adverse
impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5
of the Government Code, upon public health and safety or the physical environment and
for which there is no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact.
3. Prior to occupancy, the City Manager, or designee, shall approve an Affordable
Housing Regulatory Agreement governing and encumbering the two -unit residential
development and ensuring long-term affordability of the income -restricted unit pursuant
to Section 17.57.025(D)(15). The Affordable Housing Regulatory Agreement shall be
executed by the City Manager, or designee, and the applicant prior to occupancy.
H. Prior to the issuance of a building permit for a two -unit residential development dwelling unit,
a�
the property owner shall record a Two -Unit Residential Development Covenant with the County
Recorder's Office, the form and content of which is satisfactory to the City Attorney. The 0
covenant shall notify future owners of the owner occupancy requirements, the approved size and
attributes of the units, and minimum rental period restrictions. This covenant shall remain in
_
effect so long as a two -unit residential development exists on the parcel. c
�a
L
O
I. In cases of conflict between this section and any other provision of this title, the provisions of
this section shall prevail. To the extent that any provision of this section is in conflict with State E
law, the applicable provision of State law shall control, but all other provisions of this section
shall remain in full force and effect. Q
Packet Pg. 57
8.a
Chapter 16.28
URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
16.28.010 Urban lot split subdivision.
No person shall create an urban lot split subdivision except by the filing of an urban lot split map
approved pursuant to this title and the Subdivision Map Act.
16.28.020 Preparation of urban lot split map.
The urban lot split map shall be prepared by or under the direction of a registered civil engineer
or licensed land surveyor, shall show the location of streets and property lines bounding the
property and:
A. Shall conform to all of the following provisions the provisions of Section 66445 of the
Subdivision Map Act.
B. Shall be based upon a field survey made in conformity with the Land Surveyors Act. (Gov
Code § 66448)
16.28.030 Application.
A. A subdivider applying for an urban lot split subdivision plat shall file an application with the
Department of Community Development, together with copies of an urban lot split map. An
c
applicant for an urban lot split subdivision shall sign and submit with the application an affidavit
a�
stating that the applicant intends to occupy one of the housing units as their principal residence for
a minimum of three (3) years from the date of the approval of the urban lot split. An affidavit shall
not be required of an applicant that is either a "community land trust" or a "qualified nonprofit
corporation" as defined in the Revenue and Taxation Code. If the applicant is not a natural person, O
the applicant shall submit an ownership disclosure.
E
B. The Department of Community Development shall not accept an application or map for
r
processing unless the Department finds that the urban lot split map is consistent with the zoning Q
provisions of this code and that all approvals and permits required by the city zoning provisions
for the project have been given or issued.
C. Notwithstanding the provisions of subsection B of this section, an urban lot split map may be
processed concurrently with documents, permits or approvals required by the zoning provisions
of this code, if the applicant first waives the time limits for processing, approving or
Packet Pg. 58
8.a
conditionally approving or disapproving an urban lot split map provided by this title or the
Subdivision Map Act.
16.28.040 Information to be filed with urban lot split map.
Such information as may be prescribed by the rules and regulations approved by the city
council pursuant to Section 17.25 and such additional information as the Department of
Community Development may find necessary with respect to any particular case to implement
the provisions of this title shall accompany the urban lot split map at the time of submission,
including a certificate of an engineer or land surveyor in accordance with Section 66449 of the
Subdivision Map Act, and a certificate in accordance with Section 66450 of the Subdivision Map
Act relating to unincorporated territory.
16.28.050 Requirements for urban lot split map.
The Department of Community Development shall ministerially approve a parcel map for an
urban lot split only if the Department of Community Development determines that the parcel
map for the urban lot split meets all of the following requirements:
A. Both newly created parcels shall be no smaller than 1,200 square feet.
B. Both newly created parcels shall be of approximately equal lot area, which for purposes of
this paragraph shall mean that one parcel shall not be smaller than 40 percent of the lot area of
the original parcel proposed for subdivision.
a�
C. Unit size shall be not greater than 800 square feet. M
c
�a
L
D. The parcel being subdivided is located within the NU I, NU2, NU3, NU4, NU5, URl, and O
r
UR2 zones. a
E
E. The parcel being subdivided is not located on a site that is any of the following: r
a
1. Either prime farmland or farmland of statewide importance, as defined pursuant to
United States Department of Agriculture land inventory and monitoring criteria, as
modified for California, and designated on the maps prepared by the Farmland Mapping
and Monitoring Program of the Department of Conservation, or land zoned or designated
for agricultural protection or preservation by a local ballot measure that was approved by
the voters of that jurisdiction.
2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660
FW 2 (June 21, 1993).
Packet Pg. 59
8.a
3. Within a very high fire hazard severity zone, as determined by the Department of
Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or
within a high or very high fire hazard severity zone as indicated on maps adopted by the
Department of Forestry and Fire Protection pursuant to Section 4202 of the Public
Resources Code. This subparagraph does not apply to sites excluded from the specified
hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the
Government Code, or sites that have adopted fire hazard mitigation measures pursuant to
existing building standards or state fire mitigation measures applicable to the
development.
4. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government
Code or a hazardous waste site designated by the Department of Toxic Substances
Control pursuant to Section 25356 of the Health and Safety Code, unless the State
Department of Public Health, State Water Resources Control Board, or Department of
Toxic Substances Control has cleared the site for residential use or residential mixed
uses.
5. Within a delineated earthquake fault zone as determined by the State Geologist in any
official maps published by the State Geologist, unless the development complies with
applicable seismic protection building code standards adopted by the California Building
Standards Commission under the California Building Standards Law (Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety Code), and by
any local building department under Chapter 12.2 (commencing with Section 8875) of
Division 1 of Title 2 of the Government Code.
6. Within a special flood hazard area subject to inundation by the 1 percent annual o
chance flood (100-year flood) as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management Agency.
If a development proponent is able to satisfy all applicable federal qualifying criteria in
order to provide that the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, a local government shall not deny the application
on the basis that the development proponent did not comply with any additional permit 0
requirement, standard, or action adopted by that local government that is applicable to
that site. A development may be located on a site described in this subparagraph if either E
of the following are met:
r
a
(i) The site has been subject to a Letter of Map Revision prepared by the Federal
Emergency Management Agency and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency requirements
necessary to meet minimum flood plain management criteria of the National Flood
Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60
(commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of
Federal Regulations.
Packet Pg. 60
8a'
7. Within a regulatory floodway as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management Agency,
unless the development has received a no -rise certification in accordance with Section
60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is
able to satisfy all applicable federal qualifying criteria in order to provide that the site
satisfies this subparagraph and is otherwise eligible for streamlined approval under this
section, a local government shall not deny the application on the basis that the
development proponent did not comply with any additional permit requirement, standard,
or action adopted by that local government that is applicable to that site.
8. Lands identified for conservation in an adopted natural community conservation plan
pursuant to the Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat
conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.), or other adopted natural resource protection plan.
9. Habitat for protected species identified as candidate, sensitive, or species of special
status by state or federal agencies, fully protected species, or species protected by the
federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of
the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing
with Section 1900) of Division 2 of the Fish and Game Code).
10. Lands under conservation easement.
11. Where a lot or any portion thereof is located in a high fire hazard severity zone, as
defined by the Los Angeles County Fire Department, an urban lot split shall be prohibited
0
unless it either fronts a highway and vehicles enter directly from the highway (as defined
a�
in Table C-2 of the General Plan Circulation Element), or it has two (2) means of direct
a�
vehicular access to a highway that meet the following requirements:
c
�a
a. The two (2) distinct means of vehicular access, as measured from the lot p
frontage to the point of intersection with the highway, shall not overlap with each
other; and
b. Each distinct means of vehicular access shall contain a paved or unpaved road Q
of at least twenty-four (24) feet in width, exclusive of sidewalks, landscaping, and
parking lanes.
F. The proposed urban lot split would not require demolition or alteration of any of the following
types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
Packet Pg. 61
8.a
2. Housing that is subject to any form of rent or price control through a public entity's valid
exercise of its police power.
3. A parcel or parcels on which an owner of residential real property has exercised the
owner's rights under Government Code section 7060, et seq. to withdraw accommodations
from rent or lease within 15 years before the date that the development proponent submits
an application under this Chapter.
4. Housing that has been occupied by a tenant in the last three years.
G. The parcel is not located within a historic district or property included on the State Historic
Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site
that is designated or listed as a city or county landmark or historic property or district pursuant to
a city or county ordinance.
H. The parcel has not been established through prior exercise of an urban lot split as provided for
in this Chapter.
L Neither the owner of the parcel being subdivided nor any person acting in concert with the owner
has previously subdivided an adjacent parcel using an urban lot split as provided for in this
Chapter.
J. All easements required for the provision of public services and facilities shall be dedicated or
conveyed by an instrument in a form acceptable to the Department of Community Development.
a�
K. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be M
c
subject to and comply with the minimum setback requirements specified in Section 17.57.025(D)
O
r
L. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not a
E
exceed sixteen feet (16') in height measured from preexisting grade or finished grade, whichever
is lower, to the highest point of the roof. a
M. Each unit located on a parcel created pursuant to this chapter shall have a minimum ten (10)
foot wide vehicular ingress and egress to the public right-of-way.
N. There shall be no less than one enclosed parking space per unit of off-street parking, except that
parking is not required if the parcel is located within one-half mile walking distance of either a
high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources
Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if
Packet Pg. 62
8.a
there is a car share vehicle located within one block of the parcel. The parking space must maintain
a minimum area of ten (10) feet wide by twenty (20) feet deep to remain clear and free of all
obstructions.
O. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.
P. Dwelling units constructed on urban lot split subdivision lots shall only be used for rentals of
terms of longer than thirty (30) days.
Q. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the
Two -Unit Development Covenant recording requirement contained in Section 17.57.025(H)
R. Each two -unit residential development resulting from approval of an urban lot split shall comply
with the development standards contained in Section 17.57.025(D).
16.28.060 Application of Objective Standards.
Development proposed on lots created by an urban lot split subdivision shall comply with and all
objective zoning standards, objective subdivision standards, and objective design review standards
applicable to the parcel based on the underlying zoning, the development standards contained in
Section 17.57.025(D), and Section 17.57.025(E) ; provided, however, that the application of such
standards shall be reduced if the standards would have the effect of physically precluding the
construction of two units on either of the resulting parcels created pursuant to this chapter or would
result in a unit size of less than 800 square feet.
a�
c
16.28.070 Grading plan.
L
There shall be filed with each urban lot split map a grading plan showing graded building site 0
elevations and grading proposed for the creation of building sites or for construction or
installation of improvements to serve the subdivision. The grading plan, together with the
original topography contours, may be shown on an exhibit to the urban lot split map. The grading a
plan shall indicate approximate earthwork volumes of proposed excavation and filling
operations. In the event no grading is proposed, a statement to that effect shall be placed on the
urban lot split map. In no event shall grading pursuant to an application submitted under this
chapter exceed one hundred (100 ) cubic yards.
Packet Pg. 63
8.a
16.28.080 Preliminary title report.
There shall be filed with each urban lot split map, a current preliminary title report of the
property being subdivided or altered.
16.28.090 Revised urban lot split map.
Where a subdivider desires to revise an approved urban lot split map, the subdivider may file
with the Department of Community Development, prior to the expiration of the approved urban
lot split map, a revised urban lot split map on payment of the fees specified in Section 17.25.110.
16.28.100 Department of Community Development — Duties.
The Director of the Department of Community Development or his or her designee is authorized
and directed to carry out the following duties, concerning applications for urban lot split maps
under this chapter:
A. Obtain the recommendations of other city departments, governmental agencies or special
districts as may be deemed appropriate or necessary by the Director in order to carry out the
provisions of this title;
B. Consider all recommendations and the results of all investigations and ministerially approve,
or disapprove the application.
16.28.110 Consideration of urban lot split map — Notice of decision.
a�
The Department of Community Development shall ministerially approve or disapprove such
map. The time limit specified in this paragraph may be extended by mutual consent of the
L
applicant and the city. If the urban lot split map is disapproved, the reasons therefor shall be 0
r
stated in the notice of disapproval.
r
r
16.28.120 Disapproval of urban lot split map. a
The Department of Community Development shall not approve an urban lot split map under any
of the following circumstances:
A. The land proposed for division is a lot or parcel which was part of an urban lot split map that
the City previously approved.
B. The subdivision proposes creation of more than two lots.
Packet Pg. 64
8.a
C. The Department of Community Development finds that the urban lot split map does not meet
the requirements of this code or that all approvals or permits required by this code for the project
have not been given or issued.
D. Based on a preponderance of the evidence, the building official finds that the proposed
housing development project would have a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and
safety or the physical environment and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying
the applicable, objective requirements imposed by the Subdivision Map Act and this title or the
conditions of approval which have not been met or performed.
16.28.130 Transmittal of urban lot split map to County Recorder.
After the approval by the City of an urban lot split map, the City Clerk or an agent shall transmit
the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision
Map Act shall be processed in compliance with Government Code Section 66464(b).
16.28.140 Correction and amendment of urban lot split map.
Corrections of and amendments to the urban lot split map shall be made pursuant to Section
66469 et seq. of the Act.
Packet Pg. 65